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(영문) 인천지방법원 2014.03.25 2014고정803
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 9,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 1, 2013, at around 02:09, the Defendant, while under the influence of alcohol, was drunk with 0.196% of alcohol, making it difficult for the Defendant to walk as a consequence of the influence of alcohol, such as a string distance, and driven the Bkystar car in front of the Southern-gu, Incheon, Nam-gu, Nam-gu, Incheon, at a speed that is not visible to two-lanes of sublime’s three-lanes from the edge of the sublim market.

At night, the driver of a motor vehicle had a duty of care to live the front door well, maintain the safety distance, and prevent the accident from smoke.

Nevertheless, the Defendant, while being negligent in driving a vehicle due to negligence while under the influence of alcohol, was found to have received the back portion of the victim C(58) driving, which was at the age of 58, as the front portion of the said car.

Accordingly, the Defendant suffered injury to the victim C, such as salt, tension, etc. in need of approximately three weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to reports on initial action at the scene of traffic accidents, on-site photographs, reports on detection of drivers, circumstantial statements of drivers, and investigation reports;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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